by beezysmith » Fri Jul 10, 2009 07:08 am
So I wrecked my car that I'm still making payments on. But I had no insurance at the time of the work. I got an estimate to get it fixed and its about $8000+. I don't have good credit to take out a loan or make enough money to pay to get it fixed. I need help!
Posted: Tue Feb 15, 2011 07:03 pm Post Subject:
Posted: Tue Feb 15, 2011 07:03 pm Post Subject:
Got a new car without insurance....I didn't have to prove I had insurance to drive off the lot, a few days to almost a week later I got into a accident (only myself was involved). My lien holder was notified of the accident and took the car back. They have since parted out the car (which was still in working condition), took $300 off the final price, but I'm still paying monthly payments on a car that I don't have. I understand NOT having insurance is the base of this problem, but paying for a car that someone else has and has already sold doesn't seem right either....can you HELP???
Posted: Tue Feb 15, 2011 08:54 pm Post Subject:
I borrow $5000 from you and then don't feel I should need to pay it back. You'd consider that to be fair? No difference then you describe. You signed a contract agreeing to pay the full amount of the loan. You not having the car does not enter into that fact.
Posted: Sun Jun 19, 2011 08:41 pm Post Subject:
My husband was in a wreck and didn't have insurance. He was at fault and the person he hit agreed to fix there own car. We are still making payments on a car we can't drive and have never told the bank we financed it with. What will happen if we tell them will they sue me?
Posted: Thu Dec 29, 2011 12:47 am Post Subject: Car accident.
My fiance was in a car accident with my car. He was hit by a drunk driver. my car was uninsured, she was arrested at the site he went to the hospital. My car is totaled. What do i do?
Posted: Thu Dec 29, 2011 09:37 am Post Subject:
Check up on the drunk driver who had been arrested. See if her car had insurance. If yes, you can file a claim with her insurer. Keep a copy of the police report handy and all the information you can gather on the drunk driver (like the name of her insurance company, policy number, car VIN). You should also keep a copy of your fiancé's hospital report.
If her insurance company refuses to accept the claim, you can choose to hire an attorney and move to court. Keep in mind that your car was uninsured and you can be held liable to an extent.
Posted: Fri Dec 30, 2011 10:55 am Post Subject:
If her insurance company refuses to accept the claim, you can choose to hire an attorney and move to court. Keep in mind that your car was uninsured and you can be held liable to an extent.
There is no "liability" on the part of the OP or her boyfriend for not having auto insurance. Might he have been partially at fault for the damage? That's a possibility.
Most states have adopted some tort reforms that prevent uninsured persons from collecting "general" or "punitive" damages for their injuries. But if the drunk driver was at fault for the collision, as it appears, then she is liable for the damage to the vehicle, and for any medical expenses the OP's boyfriend incurred.
This is probably way beyond a small claims case. The problem is that hiring an attorney to take a case like this to trial, the attorney is still going to want 30%-40% of the final judgment amount, leaving the OP and her botyfriend with only 60%-70% of their loss actually recovered.
Hopefully the at fault driver is insured and the insurance company handles the matter promptly and without objection, since they know there will be no compensatory or punitive damage claims.
Posted: Sun Aug 19, 2012 04:02 pm Post Subject:
ok so I have the basic insurance through Geico but I still have a lein holder Santander they never informed me that I had to have collision and my car is totaled now through some fine prit I see I needed it but they never informed me and it has been 2 years---I make payments all the time and on time I amonfused as to why they would allow this to happen---I am not familier with insurance companies and lien holder policies ---help
Posted: Sun Aug 19, 2012 10:41 pm Post Subject:
At worst, you still owe the lender the remaining balance on your loan. At best, you may have a case for "breach of contract" on the part of the lender for its failure to procure the required coverage at your expense in the event you failed to obtain the required coverage at your expense.
You haven't asked a question. So how would you like us to answer?
Posted: Sun Aug 19, 2012 10:48 pm Post Subject:
When you signed the loan papers.... you need to have read them. It should have clearly stated that you needed to maintain comprehensive and collision coverage with a certain minimum deductible.
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